SATBIR SINGH Vs. KAMLESH

JUDGEMENT

(1.) ASSAILING the judgment and decree dated 22.08.2012 passed by the learned District Judge, Kaithal dismissing H.M.A Case RBT No.16 dated 27.01.2011/03.01.2012 filed by Satbir Singh appellant for dissolution of his marriage with respondent Kamlesh wife, the instant appeal was filed.

(2.) THE facts which need elaboration are as under: Appellant -Satbir Singh was married to Kamlesh -respondent on 15.03.1998 according to Hindu rites and ceremonies at village Songla, Tehsil and District Kaithal. After marriage, they lived together as husband and wife and a son namely Abhishek was born out of their wedlock. The appellant averred that from the very beginning, the respondent being a lady of loose temper used to quarrel with him and his family on petty matters. She never cooperated with him and forced him to live separate from his family. He acceded to her demand and took a separate accommodation, yet she was not satisfied and there was also no improvement in her behaviour. She gave no respect to him and misbehaved with him in the presence of his relatives and neighbours. Many a times, she left the matrimonial home without informing him. In order to harass and defame him, she gave an application against him to Superintendent of Police, Kaithal, which was sent to Mahila Cell, Kaithal. A Panchayat was convened and the matter was compromised and on her demand one acre of agriculture land was transferred by him in the name of his son Abhishek. Despite that, the respondent was not satisfied and in the month of June, 2004 she alongwith the son left the matrimonial home taking away with her all ornaments and other valuable articles.

(3.) THE respondent contested the petition, and filed a written reply taking preliminary objections with regard to maintainability of the petition, cause of action and estoppel etc.